Cork man given suspended sentence for assault that left victim with brain injury 

Guilty man pays €20,000 compensation to victim over attack  in city centre

The court heard the victim was left unconscious and bleeding from his ears. An ambulance took him to Cork University Hospital where he spent 15 days, some of it in an induced coma. 

A young man looking forward to a bright future suffered devastating consequences from a serious assault in Cork city centre from another young man who led ‘a blameless life’ before that moment — and today the accused was given a four-year suspended sentence.

Judge Dermot Sheehan said: “The matter that has really troubled me about this is that, given the damage done to the young man, it may be, notwithstanding all the mitigation, that the accused should at least in part have a custodial sentence.

“I have to think of general deterrence. Young men like the accused, late at night in the city centre, have to be deterred from punching people because too often it leads to catastrophic consequences. 

"On the other hand, the accused was 20. I do not think that in the end society is going to benefit from the accused serving any period in custody. 

“The sentence of four years is suspended. It will have an effect on his ability to travel and on his employment — it does have a real consequence for a young man like the accused.” 

Louis Herdman from River’s Edge, Clash Rd, Cork, pleaded guilty to the charge that on February 8, 2024, at Grand Parade Cork, he intentionally or recklessly caused serious harm to 21-year-old James Dunford, contrary to Section 4 of the Non-Fatal Offences Against the Person Act.

Judge Dermot Sheehan said: “I was concerned about the seriousness of the injury. The injured party was out that evening with his friends and this occurred in the early hours of the morning. Mr Dunford was unconscious and bleeding from his ears. An ambulance took him to Cork University Hospital where he spent 15 days, some of it in an induced coma. There was a traumatic skull fracture and facial fractures.

“He seems to have had episodes, significant episodes in terms of his recovery. It has not been simple or straight line. It has had ongoing and distressing consequences for him. He was looking forward to his future. That has come to an abrupt end due to the actions of Mr Herdman.

“His study life, his social life and his sporting life have been seriously affected which is a terrible thing for a young man. Distressing to see that someone — through no fault of their own — is left in this condition due to the actions of Mr Herdman.

“The accused was 20 years at the time. He told his parents. He came to the gardaí the following day. He realised early on that what he had done had serious consequences. He made full and frank admissions. He entered a signed plea of guilty which is very helpful.

“The accused has shown remorse. He as brought to court €20,000. It will only be a drop in the ocean if this was a High Court claim. But it is a considerable sum of money from the accused’s resources. I take it as indicating genuine remorse.

“His understanding of what he has done is apparent now. He realises how serious this is. He too is a student. Up to the time he did this he led a blameless life. He will be marked by this. He shows a low risk of reoffending. He has the support of his family. He works hard to put himself through college. The probation officer says he is unlikely to be before the courts again.” 

The injured party said: “My life and future is now one of medical visits, financial and general uncertainty. A lot of unknowns — my career, earning potential, my relationships, epilepsy, fear of certain environments. I'm always going to have brain injury and this is always going to affect me and everyone who loves me.” 

Judge Sheehan said: “This is a very difficult matter where the accused has struck the unfortunate victim with considerable force but notwithstanding the striking with considerable force, it is not that which causes us to be here. What really brings us here is the injury to the brain which — from reading the reports — must have come from striking the ground. The consequences are desperate for Mr Dunford."